SB2040 104TH GENERAL ASSEMBLY

LRB104 10361 LNS 20436 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2040

Introduced 2/6/2025, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:

625 ILCS 5/3-704	from Ch. 95 1/2, par. 3-704
625 ILCS 5/3-704.4 new
625 ILCS 5/18a-501	from Ch. 95 1/2, par. 18a-501
625 ILCS 5/18d-105
625 ILCS 5/18d-115
625 ILCS 5/18d-116 new
625 ILCS 5/18d-118 new
625 ILCS 5/18d-119 new
625 ILCS 5/18d-120
625 ILCS 5/18d-121 new
625 ILCS 5/18d-155
625 ILCS 5/18d-157 new
625 ILCS 5/18d-158 new

Amends the Illinois Vehicle Code. Provides that any personal property belonging to the vehicle owner in a vehicle subject to a lien shall be subject to that lien, except for the specified items, which may be claimed by immediate family members at the authorization of the vehicle owner. Establishes registration requirements for commercial vehicle safety relocators and tasks the Illinois Commerce Commission with oversight duties and the imposition of penalties. Provides that commercial vehicle safety relocators must follow specified business address requirements. Sets forth provisions concerning liens against personal property in a towed vehicle, making false statements and the power of the Commission to deny an application or revoke registration from a commercial vehicle safety relocator, and the relocation and redemption of vehicles. Makes changes regarding liability for violations of specified provisions of the Code. Requires a commercial vehicle safety relocator to designate a registered agent within the State. Adds provisions concerning vehicle impoundment, failure to satisfy fines or penalties assessed by the Commission, and suspension of tow truck registrations. Makes other changes.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Sections 3-704, 18a-501, 18d-105, 18d-115, 18d-120, and 18d-155 and by adding Sections 3-704.4, 18d-116, 18d-118, 18d-119, 18d-121, 18d-157, and 18d-158 as follows:

(625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)

Sec. 3-704. Authority of Secretary of State to suspend or revoke a registration or certificate of title; authority to suspend or revoke the registration of a vehicle.

(a) The Secretary of State may suspend or revoke the registration of a vehicle or a certificate of title, registration card, registration sticker or digital registration sticker, registration plate or digital registration plate, disability parking decal or device, or any nonresident or other permit in any of the following events:

1. When the Secretary of State is satisfied that such registration or that such certificate, card, plate or digital plate, registration sticker or digital registration sticker, or permit was fraudulently or erroneously issued;

2. When a registered vehicle has been dismantled or wrecked or is not properly equipped;

3. When the Secretary of State determines that any fines, penalties, or required fees have not been paid to the Secretary of State, to the Illinois Commerce Commission, or to the Illinois Department of Revenue under the Motor Fuel Tax Law, and the same are not paid upon reasonable notice and demand;

4. When a registration card, registration plate or digital registration plate, registration sticker or digital registration sticker, or permit is knowingly displayed upon a vehicle other than the one for which issued;

5. When the Secretary of State determines that the owner has committed any offense under this Chapter involving the registration or the certificate, card, plate or digital plate, registration sticker or digital registration sticker, or permit to be suspended or revoked;

6. When the Secretary of State determines that a vehicle registered not-for-hire is used or operated for-hire unlawfully, or used or operated for purposes other than those authorized;

7. When the Secretary of State determines that an owner of a for-hire motor vehicle has failed to give proof of financial responsibility as required by this Act;

8. When the Secretary determines that the vehicle is not subject to or eligible for a registration;

9. When the Secretary determines that the owner of a vehicle registered under the mileage weight tax option fails to maintain the records specified by law, or fails to file the reports required by law, or that such vehicle is not equipped with an operable and operating speedometer or odometer;

10. When the Secretary of State is so authorized under any other provision of law;

11. When the Secretary of State determines that the holder of a disability parking decal or device has committed any offense under Chapter 11 of this Code involving the use of a disability parking decal or device.

(a-5) The Secretary of State may revoke a certificate of title and registration card and issue a corrected certificate of title and registration card, at no fee to the vehicle owner or lienholder, if there is proof that the vehicle identification number is erroneously shown on the original certificate of title.

(b) The Secretary of State may suspend or revoke the registration of a vehicle as follows:

1. When the Secretary of State determines that the owner of a vehicle has not paid a civil penalty or a settlement agreement arising from the violation of rules adopted under the Illinois Motor Carrier Safety Law or the Illinois Hazardous Materials Transportation Act or that a vehicle, regardless of ownership, was the subject of violations of these rules that resulted in a civil penalty or settlement agreement which remains unpaid.

2. When the Secretary of State determines that a vehicle registered for a gross weight of more than 16,000 pounds within an affected area is not in compliance with the provisions of Section 13-109.1 of this Code.

3. When the Secretary of State is notified by the United States Department of Transportation that a vehicle is in violation of the Federal Motor Carrier Safety Regulations, as they are now or hereafter amended, and is prohibited from operating.

(c) The Secretary of State may suspend the registration of a vehicle when a court finds that the vehicle was used in a violation of Section 24-3A of the Criminal Code of 1961 or the Criminal Code of 2012 relating to gunrunning. A suspension of registration under this subsection (c) may be for a period of up to 90 days.

(d) The Secretary shall deny, suspend, or revoke registration if the applicant fails to disclose material information required, if the applicant has made a materially false statement on the application, if the applicant has applied as a subterfuge for the real party in interest who has been issued a federal out-of-service order, or if the applicant's business is operated by, managed by, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder. The Secretary shall deny, suspend, or revoke registration for either (i) a vehicle if the motor carrier responsible for the safety of the vehicle has been prohibited from operating by the Federal Motor Carrier Safety Administration; or (ii) a carrier whose business is operated by, managed by, or otherwise controlled by or affiliated with a person who is ineligible for registration, which may include the owner, a relative, family member, corporate officer, or shareholder of the carrier.

(Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)

(625 ILCS 5/3-704.4 new)

Sec. 3-704.4. Failure to satisfy fines or penalties assessed by the Commission; suspension of tow truck registrations.

(a) Upon receipt of a report pursuant to Section 18d-158, as set forth in subsection (c), from the Commission stating that the owner of a registered tow truck has failed to satisfy any fine or penalty issued by the Commission, the Secretary of State shall suspend all tow truck registrations of the person in accordance with the procedures set forth in this Section.

(b) Following receipt of the certified report of the Commission as specified in this Section, the Secretary of State shall notify the person whose name appears on the certified report that the person's tow truck registrations will be suspended at the end of a reasonable, specified period unless the Secretary of State is presented with a notice from the Commission certifying that the fines or penalties owing the Commission have been satisfied or that inclusion of that person's name on the certified report was in error. The Secretary's notice shall state in substance the information contained in the Commission's certified report to the Secretary, and shall be effective as specified by subsection (c) of Section 6-211.

(c) The report from the Commission notifying the Secretary of unsatisfied fines or penalties pursuant to this Section shall be certified by the Transportation Division Manager, or his or her designee, and shall contain the following:

(1) The name and last known address of the person that failed to satisfy the fines or penalties and the vehicle identification number of any tow trucks known to be registered in the State to that person.

(2) A statement that the Commission sent a notice consistent with subsection (b) of Section 18d-158 to the person named in the report at the address recorded with the Secretary of State, the date on which the notice was sent, and the address to which the notice was sent.

(d) The Commission, after making a certified report to the Secretary pursuant to this Section, shall notify the Secretary, on a form prescribed by the Secretary, whenever a person named in the certified report has satisfied the previously reported fines or penalties or whenever the Commission determines that the original report was in error. A certified copy of the notification shall also be given upon request and at no additional charge to the person named therein. Upon receipt of the Commission's notification or presentation of a certified copy of the notification, the Secretary shall terminate the suspension.

(e) A person may request an administrative hearing to contest an impending suspension or a suspension made pursuant to this Section upon filing a written request with the Secretary. The filing fee for this hearing is $50, to be paid at the time of the request. The Commission may reimburse the Secretary for all reasonable costs incurred by the Secretary as a result of the filing of a certified report pursuant to this Section, including, but not limited to, the costs of providing notice required pursuant to subsection (b) and the costs incurred by the Secretary in any hearing conducted with respect to the report pursuant to this subsection and any appeal from that hearing.

(f) The Secretary and the Commission may adopt rules to enable them to carry out their duties under this Section.

(g) The Commission shall cooperate with the Secretary in the administration of this Section and shall provide the Secretary with any information the Secretary may deem necessary for these purposes.

The Secretary shall cooperate with the Commission in the administration of this Section and shall provide any information that the Commission may deem necessary, subject to the limitations set forth in Section 2-123.

(h) For purposes of this Section, "Commission" means the Illinois Commerce Commission.

(625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)

Sec. 18a-501. Liens against relocated vehicles.

(a) Unauthorized vehicles removed and stored by a commercial vehicle relocator in compliance with this Chapter shall be subject to a possessory lien for services pursuant to the Labor and Storage Lien (Small Amount) Act, and the provisions of Section 1 of that Act relating to notice and implied consent shall be deemed satisfied by compliance with Section 18a-302 and item (10) of Section 18a-300. In no event shall such lien be greater than the rate or rates established in accordance with item (6) of Section 18a-200. In no event shall such lien be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by this Act. Every such lien shall be payable by use of any major credit card, in addition to being payable in cash. Upon receipt of a properly signed credit card receipt, a relocator shall become a holder in due course, and neither the holder of the credit card nor the company which issued the credit card may thereafter refuse to remit payment in the amount shown on the credit card receipt minus the ordinary charge assessed by the credit card company for processing the charge. The Commission may adopt regulations governing acceptance of credit cards by a relocator.

(b) Any personal property belonging to the vehicle owner in a vehicle subject to a lien under this Section shall be subject to that lien, excepting only: child restraint systems as defined in Section 4 of the Child Passenger Protection Act and other child booster seats; eyeglasses; food; medicine; personal medical and health care devices, including hearing instruments; perishable property; any operator's licenses; any cash, credit cards, or checks or checkbooks; any wallet, purse, or other property containing any operator's licenses, social security cards, or other identifying documents or materials, cash, credit cards, checks or checkbooks, or passbooks; higher education textbooks and study materials; and any personal property belonging to a person other than the vehicle owner if that person provides adequate proof that the personal property belongs to that person. The spouse, child, mother, father, brother, or sister of the vehicle owner may claim personal property excepted under this subsection if the person claiming the personal property provides the commercial vehicle relocator with the authorization of the vehicle owner.

(Source: P.A. 91-357, eff. 7-29-99.)

(625 ILCS 5/18d-105)

Sec. 18d-105. Definitions. As used in this Chapter:

(1) "Commercial vehicle safety relocator" or "safety relocator" means any person or entity engaged in the business of removing damaged or disabled vehicles from public or private property by means of towing or otherwise, and thereafter relocating and storing such vehicles.

(2) "Commission" means the Illinois Commerce Commission.

(3) "Beneficial owner" means an individual who either, directly or indirectly: (a) exercises substantial control over a person or entity; or (b) owns or controls at least 25% of the person's or entity's ownership interests.

(Source: P.A. 95-562, eff. 7-1-08.)

(625 ILCS 5/18d-115)

Sec. 18d-115. Safety relocator registration required; application disclosures.

(a) It is unlawful for any commercial vehicle safety relocator to operate in any county in which this Chapter is applicable without a valid, current safety relocator's registration certificate issued by the Commission.

(b) The Commission shall issue safety relocator's registration certificates in accordance with administrative rules adopted by the Commission. The Commission shall require that in addition to such other information as the Commission may require by rule, any application for a safety relocator's registration be verified and disclose whether:

(1) the applicant has failed to satisfy any fine or penalty issued by the Commission;

(2) any officer, employee, or agent of the applicant has failed to satisfy any fine or penalty issued by the Commission;

(3) any person or entity other than the applicant with a beneficial owner in common with the applicant has failed to satisfy any fine or penalty issued by the Commission; or

(4) the applicant has failed to satisfy a judgment entered by a court of competent jurisdiction for violation of this Chapter or rules of the Commission adopted under this Chapter.

If the Commission finds that any failure to satisfy a fine or penalty issued by the Commission or a judgment entered by a court of competent jurisdiction was, or should have been, disclosed by the applicant, the Commission may deny the application.

(c) The Commission may inquire into the conduct of any commercial vehicle safety relocator, or the beneficial owner of a commercial vehicle safety relocator, to determine if the provisions of this Chapter and the rules of the Commission adopted pursuant to this Chapter are being observed.

(d) If the Commission finds any failure to satisfy a fine or penalty issued by the Commission or a judgment entered by a court of competent jurisdiction, as set forth in subsection (b), it shall revoke the issued safety relocator's registration unless the Commission finds, through clear and convincing evidence, good cause for the failure. It shall be unlawful for any commercial vehicle safety relocator to operate in any county in which this Chapter is applicable without a valid, current safety relocator's registration certificate issued by the Illinois Commerce Commission. The Illinois Commerce Commission shall issue safety relocator's registration certificates in accordance with administrative rules adopted by the Commission. The Commission may, at any time during the term of the registration certificate, make inquiry, into the licensee's management or conduct of business or otherwise, to determine that the provisions of this Chapter and the rules of the Commission adopted under this Chapter are being observed.

(Source: P.A. 95-562, eff. 7-1-08.)

(625 ILCS 5/18d-116 new)

Sec. 18d-116. Business and storage location requirements; proof of right to use premises.

(a) The office address that the commercial vehicle safety relocator lists on the application shall be the primary business location of the firm where its records are maintained, as required by Section 18d-135.

(b) The application shall also list by address all locations of secure areas for vehicle storage and redemption maintained by the commercial vehicle safety relocator.

(c) A safety relocator shall own or have a right to use and occupy, under a written lease, all business locations and vehicle storage and redemption locations listed on an application.

(d) The commercial vehicle safety relocator shall notify the Commission in writing of any change in or addition of a primary business location or location of secure areas for vehicle storage and redemption.

(e) Listing a primary business location or vehicle storage and redemption location on an application or update form that the safety relocator does not have a right to use or occupy by virtue of ownership or a written lease shall be considered a materially false statement for purposes of Section 18d-119. Failure to list a primary business location or vehicle storage and redemption location on an application or update form shall be considered a material omission for purposes of Section 18d-119.

(f) Each business and storage location shall conform to Section 18d-130.

(625 ILCS 5/18d-118 new)

Sec. 18d-118. Liens against personal property in a towed vehicle.

(a) All child restraint systems, as defined in Section 4 of the Child Passenger Protection Act, and other child booster seats; eyeglasses; food; medicine; or personal medical and health care devices, including hearing instruments; perishable property; any operator's licenses; any cash, credit cards, or checks or checkbooks; any wallet, purse, or other property containing any operator's license, social security card, or other identifying documents or materials, cash, credit cards, checks or checkbooks, or passbooks; higher education textbooks and study materials in a vehicle towed pursuant to this Chapter shall be exempt from a lien under the Labor and Storage Lien (Small Amount) Act and may be reclaimed by the vehicle owner or operator or the spouse, parent, child, or sibling of the vehicle owner or operator, as long as the related person provides the commercial vehicle safety relocator written authorization from the owner of the personal property.

(b) Other personal property in a relocated vehicle, excluding cargo, is exempt from a lien under the Labor and Storage Lien (Small Amount) Act and may be claimed by the owner of such personal property, or by the spouse, child, parent, or sibling of the owner of such personal property, as long as the related person provides the commercial vehicle safety relocator written authorization from the owner of such personal property, and provided the vehicle owner or related person provides the commercial vehicle safety relocator with proof that the vehicle owner has an insurance policy sufficient to pay applicable recovery, towing, and storage charges. Notwithstanding other provisions of this Code, cargo shall be subject to the tower's lien.

The regulation of liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in a crash are exclusive powers and functions of the State. A home rule unit may not regulate liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in a crash. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(625 ILCS 5/18d-119 new)

Sec. 18d-119. Making false statement; power to deny application and revoke registration.

(a) The Commission may deny, suspend, or revoke a commercial vehicle safety relocator registration if the applicant or licensee is found to have made a materially false statement or a material omission in a filing with the Commission, if the applicant has applied as a subterfuge for another party in interest, or if the applicant's business is operated, managed, or otherwise controlled by a person who was not disclosed on the application.

(b) The Commission shall not issue a commercial vehicle safety relocator registration to an applicant who has been denied or revoked pursuant to subsection (a) for a period of up to 3 years from the date the application was denied or registration was revoked.

(625 ILCS 5/18d-120)

Sec. 18d-120. Disclosure to vehicle owner or operator before towing of damaged or disabled vehicle commences.

(a) A commercial vehicle safety relocator shall not commence the towing of a damaged or disabled vehicle without specific authorization from the vehicle owner or operator after the disclosures set forth in this Section.

(b) Every commercial vehicle safety relocator shall, before towing a damaged or disabled vehicle, give to each vehicle owner or operator a written disclosure providing:

(1) The formal business name of the commercial vehicle safety relocator, as registered with the Illinois Secretary of State, and its business address and telephone number.

(2) The address of the location to which the vehicle shall be relocated.

(3) The cost of all relocation, storage, and any other fees, without limitation, that the commercial vehicle safety relocator will charge for its services.

(4) An itemized description of the vehicle owner or operator's rights under this Code, as follows:

"As a customer, you also have the following rights under Illinois law:

(1) This written disclosure must be provided to you before your vehicle is towed, providing the business name, business address, address where the vehicle will be towed, and a reliable telephone number;

(2) Before towing, you must be advised of the price of all services;

(3) Upon your demand, a final invoice itemizing all charges, as well as any damage to the vehicle upon its receipt and return to you, must be provided;

(4) Upon your demand, your vehicle must be returned during business hours, upon your prompt payment of all reasonable fees;

(5) You have the right to pay all charges in cash or by major credit card;

(6) Upon your demand, you must be provided with proof of the existence of mandatory insurance insuring against all risks associated with the transportation and storage of your vehicle."

(c) The commercial vehicle safety relocator shall provide a copy of the completed disclosure required by this Section to the vehicle owner or operator, before towing the damaged or disabled vehicle, and shall maintain an identical copy of the completed disclosure in its records for a minimum of 5 years after the transaction concludes.

(d) If the vehicle owner or operator is incapacitated, incompetent, or otherwise unable to knowingly accept receipt of the disclosure described in this Section, the commercial vehicle safety relocator shall provide a completed copy of the disclosure to local law enforcement and, if known, the vehicle owner or operator's automobile insurance company.

(e) If the commercial vehicle safety relocator fails to comply with the requirements of this Section, the commercial vehicle safety relocator shall be prohibited from seeking any compensation whatsoever from the vehicle owner or operator, including but not limited to any towing, storage, or other incidental fees. Furthermore, if the commercial vehicle safety relocator or operator fails to comply with the requirements of this Section, any contracts entered into by the commercial vehicle safety relocator and the vehicle owner or operator shall be deemed null, void, and unenforceable.

(f) The authorization and disclosures required under this Section are not required if a tow was authorized by a law enforcement agency or officer, as evidenced by a tow sheet issued by the law enforcement agency or officer. If no tow sheet was issued by the authorizing law enforcement agency or officer, then the evidence may be presented through records of the safety relocator showing the date and time of authorization, the department and star or badge number of the officer from whom authorization was received, and the incident report number assigned by the law enforcement agency or officer.

(Source: P.A. 95-562, eff. 7-1-08.)

(625 ILCS 5/18d-121 new)

Sec. 18d-121. Vehicle relocation.

(a) All vehicles subject to this Chapter shall be relocated to a storage and redemption lot registered with the Commission unless the owner or operator requests another location in writing. This subsection shall not apply to vehicles relocated pursuant to authorization from a law enforcement agency or official.

(b) Vehicles subject to this Chapter shall be released only after payment of applicable recovery, towing, and storage charges, as long as the charges were disclosed in compliance with Section 18d-120 or are exempt from disclosure under subsection (f) of Section 18d-120.

(625 ILCS 5/18d-155)

Sec. 18d-155. (a) The Commission may demand documentation or investigate business practices by a commercial vehicle safety relocator to determine compliance with this Chapter and rules adopted by the Commission pursuant to this Chapter.

(b) Failure to comply with any Section of this Chapter, or any rules adopted by the Commission pursuant to this Chapter, as determined by the Commission shall subject a commercial vehicle safety relocator to penalties imposed by the Commission. Penalties may include suspension or revocation of registration certificate and monetary fines and civil penalties up to $1,000 for each violation. Each day of a continuing violation of subsection (a) of this Section shall be a separate violation.

(c) In addition to a person or entity deemed to be a commercial vehicle safety relocator pursuant to Section 18d-105, any officer of a corporation, manager of a limited liability company, partner of a partnership, or employee or agent of any such entity who knowingly permits a commercial vehicle safety relocator to violate provisions of this Chapter or rules adopted by the Commission pursuant to this Chapter shall be subject to penalties as provided in this Section.

(d) Every commercial vehicle safety relocator must designate and maintain a registered agent for service of process. The registered agent must have a physical address within the State where the registered agent can receive legal documents and official notices. This address must be a physical location, not a post office box, and must be open and staffed during regular business hours. The Illinois Commerce Commission may request documentation or investigate business practices by a commercial vehicle safety relocator to determine compliance with this Chapter. Failure to comply with any Section of this Chapter, as determined by the Illinois Commerce Commission shall subject a commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission. Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.

(Source: P.A. 95-562, eff. 7-1-08.)

(625 ILCS 5/18d-157 new)

Sec. 18d-157. Vehicle impoundment.

(a) The Commission police may seize and impound a tow truck by authorizing the towing and storage of the tow truck where the officer has probable cause to believe that:

(1) the tow truck is being used, or was used, to remove a damaged or disabled vehicle from public or private property while the owner or operator of the tow truck does not hold a valid, current safety relocator's registration certificate issued by the Commission; or

(2) the registered owner of the tow truck owes past due fines, civil penalties, or fees to the Commission.

(b) At the time the vehicle is towed, the officer ordering the tow shall provide to the person in control of the tow truck a copy of the vehicle impoundment report.

The Commission shall mail a notice of impoundment to all registered owners and lienholders within 2 business days after the date the vehicle was impounded if the vehicle is registered in this State. If the vehicle is registered in a jurisdiction other than this State, the Commission shall request owner and lienholder information from the appropriate agency within 2 business days after the date the vehicle was impounded and shall mail a notice of impoundment to all registered owners and lienholders within 2 business days after receiving the information.

Notices shall be mailed by certified mail, return receipt requested, to the addresses on file with the Secretary of State, or in the case of a foreign-registered vehicle, to the addresses on file with the State where the vehicle is registered.

At minimum, the notice of impoundment shall contain:

(1) in bold typeface, a heading with the words "Notice of Impoundment";

(2) a description of the impounded tow truck;

(3) the reason for impoundment;

(4) the location where the impounded tow truck is being stored;

(5) the potential fines, civil penalties, and fees that must be satisfied to reclaim the tow truck;

(6) procedures to request a hearing before the Commission; and

(7) a notice that if the tow truck remains unclaimed, it may be sold or disposed of in accordance with applicable law.

(c) Before a vehicle impounded under this Section may be released, the owner or lienholder must obtain a release from the Commission and pay all storage and towing fees to the towing service.

To obtain a release from the Commission, the owner or lienholder shall furnish to the Commission proof of ownership, such as title, vehicle registration, or bill of sale, or right to possession of the vehicle and valid identification, and:

(1) pay the $1,000 administrative fine plus any fines for concurrent violations, and pay all other fines, civil penalties, and fees owed to the Commission. Such payment shall constitute an admission of liability and a waiver of the right to a hearing;

(2) post a bond in the amount of the $1,000 administrative fine plus any fines for concurrent violations, which bond shall be held by the Commission; pay all other unpaid fines, civil penalties, and fees owed to the Commission; and request a hearing to contest the impoundment; or

(3) request a hearing. A release shall not be issued under this subparagraph until ordered by the Commission after the conclusion of the hearing and any fines, civil penalties or fees ordered have been paid.

Fines and civil penalties and posting of bond may be paid by certified or cashier's check or money order.

(d) A request for hearing shall, unless otherwise provided for by the Commission, be mailed to the Commission within 15 calendar days after the mailing date of the notice of impoundment.

The Commission shall conduct a hearing within 10 business days after receipt of a request for hearing.

The Commission shall determine, by a preponderance of the evidence, whether the vehicle should be released without payment of the administrative fine and any fines for concurrent violations. The failure of the owner of record to appear at the hearing or to request a continuance in a timely manner shall be deemed a waiver of the right to a hearing, and a default order in favor of the Commission may be entered.

If, after the hearing, the Commission determines that the vehicle should be released without payment of the administrative fine and any fines for concurrent violations, any bond posted shall be refunded.

If, after the hearing, the Commission determines that the vehicle should not be released without payment of the administrative fine and any fines for concurrent violations, the bond shall be forfeited to the Commission in the amount of the fines, civil penalties, and fees owed, and any surplus shall be refunded.

Fines, civil penalties, and fees imposed pursuant to this Chapter shall constitute a debt owed to the Commission, which may be enforced in any manner provided for by law. Any cash bond posted pursuant to this Section shall be applied to the fines, civil penalties, and fees owed.

(e) Except as otherwise provided in this Section, a vehicle shall continue to be impounded until:

(1) the vehicle has been reclaimed pursuant to subsection (d); or

(2) the vehicle or equipment is deemed unclaimed.

(f) Any vehicle not reclaimed within 10 working days after the expiration of the time during which the owner of record may seek judicial review of the Commission's action, or within 10 working days after a final judgment in favor of the Commission, may be disposed of as an unclaimed vehicle in accordance with Sections 4-208 and 4-209.

(625 ILCS 5/18d-158 new)

Sec. 18d-158. Failure to satisfy fines or penalties; referral to Secretary of State.

(a) In addition to any other remedies provided by law, the Commission may report any person with unpaid fees, fines, or penalties issued by the Commission to the Secretary of State for suspension of the person's tow truck registrations.

(b) Prior to referral under this Section, the Commission shall issue a final demand for payment which shall clearly state that failure to pay the outstanding fines or penalties by the date provided in the demand will result in a referral to the Secretary of State for the suspension of that person's tow truck registrations in accordance with Section 3-704.4.